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Thelawman2, Lawyer
Category: Real Estate Law
Satisfied Customers: 1166
Experience:  Attorney-at-Law
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Tax overpayment made by the mortgage company. Jan 2014

Customer Question

tax overpayment made by the mortgage company. Jan 2014 taxes. On July 28th 2015, the request was submitted for the refund and submitted incomplete. Therefore the taxing office will not process request. I have spoken with the mortgage company monthly and sometimes bi-monthly since Jan of 2015 in regards ***** ***** overpayment requesting that they contact the taxing office for the refund to bring escrow account current. I have been refused to speak with anyone in authority to assist with this issue. Cannot find a corporate phone number. Do I have any legal recourse to force the mortgage company act on this issue?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Thelawman2 replied 1 year ago.

Hello, my name is ***** ***** I will be helping you today. If your mortgage company improperly overpaid your taxes and is refusing to help you, you can bring a lawsuit against them to recover the overpaid amounts. What you should do is check your mortgage agreement to determine what actions they and you are required to take to initiate a lawsuit or what it says regarding the overpayment of taxes. If they are not following this agreement, you can also sue for breach of contract.

Most likely you would be able to bring this claim in small claims court depending on how much the taxes are. However, there could be some provisions in your mortgage agreement which limits where you are permitted to bring a lawsuit.

If you want, I can offer an additional service of reviewing your mortgage agreement and determining whether or not they are breaching that agreement.

I hope this has been helpful. If so, please provide positive feedback!